Citation Nr: 0821083
Decision Date: 06/26/08 Archive Date: 06/30/08
DOCKET NO. 98-02 981 ) DATE
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On appeal from the Department of Veterans Affairs (VA)
Regional Office (RO) in St. Petersburg, Florida
THE ISSUE
Entitlement to service connection for a disability of the
right knee.
REPRESENTATION
Veteran represented by: Paralyzed Veterans of America,
Inc.
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
Heather J. Harter, Counsel
INTRODUCTION
The veteran served in the Army National Guard, to include
periods of active duty for training from October 1981 to May
1982, and in September 1983.
This appeal has been before the Board of Veterans' Appeals
(Board) several times previously; each time it was remanded
for additional evidentiary and procedural development. Based
upon such evidentiary development, the Appeals Management
Center (AMC) granted service connection for a disability of
the lumbar spine. This grant represents a complete
resolution of the appeal as to that issue. Grantham v.
Brown, 114 F.3d 1156 (Fed. Cir. 1997).
Although this appeal arose from a decision of the St.
Petersburg RO, we note that correspondence from the veteran
received while her file was located with the AMC indicates
that she has moved her residence to Tennessee.
FINDING OF FACT
In June 2008, prior to promulgation of a decision in the
appeal, the veteran indicated that she wished to withdraw her
appeal seeking entitlement to service connection for a right
knee disability.
CONCLUSION OF LAW
The criteria for withdrawal of the substantive appeal on the
veteran's claim for entitlement to service connection for a
right knee disability have been met. 38 U.S.C.A. § 7105
(West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007).
REASONS AND BASES FOR FINDING AND CONCLUSION
In a June 2008 statement, the veteran's representative
indicated that after lengthy discussion with the veteran, she
desired to withdraw her appeal in its entirety.
A claimant may limit an appeal as he or she wishes, and where
he does so, the Board is without authority to adjudicate the
claim. Hamilton v. Brown, 4 Vet. App. 528, 544 (1993).
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
that fails to allege specific error of fact or law in the
determination being appealed. A substantive appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. § 20.202. Withdrawal may be made by
the appellant or by his authorized representative. 38 C.F.R.
§ 20.204.
Therefore, the Board finds that veteran has withdrawn her
appeal as to the claim for entitlement to service connection
for a right knee disability. No allegations of error of fact
or law remain for appellate consideration as to this matter.
As such, the appeal is dismissed.
ORDER
The appeal for entitlement to service connection for
disability of the right knee is dismissed.
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MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs